Oregon Statute | Act | Code |Title 16 Crimes And Punishments| US Code - US Statute

(1) A person commits criminal homicide
if, without justification or excuse, the person intentionally, knowingly,
recklessly or with criminal negligence causes the death of another human
being.

(2) “Criminal homicide” is murder, manslaughter or criminally
negligent homicide.

(3) “Human being” means a person who has been born and was alive at
the time of the criminal act. [1971 c.743 §87]

As used in ORS 163.105 and
this section, “aggravated murder” means murder as defined in ORS 163.115
which is committed under, or accompanied by, any of the following
circumstances:

(1)(a) The defendant committed the murder pursuant to an agreement
that the defendant receive money or other thing of value for committing
the murder.

(b) The defendant solicited another to commit the murder and paid
or agreed to pay the person money or other thing of value for committing
the murder.

(c) The defendant committed murder after having been convicted
previously in any jurisdiction of any homicide, the elements of which
constitute the crime of murder as defined in ORS 163.115 or manslaughter
in the first degree as defined in ORS 163.118.

(d) There was more than one murder victim in the same criminal
episode as defined in ORS 131.505.

(e) The homicide occurred in the course of or as a result of
intentional maiming or torture of the victim.

(f) The victim of the intentional homicide was a person under the
age of 14 years.

(2)(a) The victim was one of the following and the murder was
related to the performance of the victim’s official duties in the justice
system:

(A) A police officer as defined in ORS 181.610;

(B) A correctional, parole and probation officer or other person
charged with the duty of custody, control or supervision of convicted
persons;

(C) A member of the Oregon State Police;

(D) A judicial officer as defined in ORS 1.210;

(E) A juror or witness in a criminal proceeding;

(F) An employee or officer of a court of justice; or

(G) A member of the State Board of Parole and Post-Prison
Supervision.

(b) The defendant was confined in a state, county or municipal
penal or correctional facility or was otherwise in custody when the
murder occurred.

(c) The defendant committed murder by means of an explosive as
defined in ORS 164.055.

(d) Notwithstanding ORS 163.115 (1)(b), the defendant personally
and intentionally committed the homicide under the circumstances set
forth in ORS 163.115 (1)(b).

(e) The murder was committed in an effort to conceal the commission
of a crime, or to conceal the identity of the perpetrator of a crime.

(f) The murder was committed after the defendant had escaped from a
state, county or municipal penal or correctional facility and before the
defendant had been returned to the custody of the facility. [1977 c.370
§1; 1981 c.873 §1; 1991 c.742 §13; 1991 c.837 §12; 1993 c.185 §20; 1993
c.623 §2; 1997 c.850 §1; 2005 c.264 §17](1) In a prosecution for
aggravated murder under ORS 163.095 (1)(c), the state shall plead the
previous conviction, and shall prove the previous conviction unless the
defendant stipulates to that fact prior to trial. If the defendant so
stipulates and the trial is by jury:

(a) The court shall accept the stipulation regardless of whether or
not the state agrees to it;

(b) The defendant’s stipulation to the previous conviction
constitutes a judicial admission to that element of the accusatory
instrument. The stipulation shall be made a part of the record of the
case, but shall not be offered or received in the presence of the jury;

(c) For the purpose of establishing the prior conviction solely as
an element of the crime under ORS 163.095 (1)(c), neither the court nor
the state shall reveal to the jury the previous conviction, but the
previous conviction is established in the record by the defendant’s
stipulation; and

(d) The court shall not submit the accusatory instrument or
evidence of the previous conviction to the jury.

(2) In a proceeding under ORS 163.095 (1)(c), the state may offer,
and the court may receive and submit to the jury, evidence of the
previous conviction for impeachment of the defendant or another purpose,
other than establishing the conviction as an element of the offense, when
the evidence of the previous conviction is otherwise admissible for that
purpose. When evidence of the previous conviction has been admitted by
the court, the state may comment upon, and the court may give
instructions about, the evidence of the previous conviction only to the
extent that the comments or instructions relate to the purpose for which
the evidence was admitted.

(3) When the defendant stipulates to the prior conviction required
as an element of aggravated murder under ORS 163.095 (1)(c), if the jury
finds the defendant guilty upon instruction regarding the balance of the
elements of the crime, the court shall enter a judgment of guilty of
aggravated murder. [1981 c.873 §3] Notwithstanding
the provisions of ORS chapter 144 and ORS 421.450 to 421.490:

(1)(a) Except as otherwise provided in ORS 137.700, when a
defendant is convicted of aggravated murder as defined by ORS 163.095,
the defendant shall be sentenced, pursuant to ORS 163.150, to death, life
imprisonment without the possibility of release or parole or life
imprisonment.

(b) A person sentenced to life imprisonment without the possibility
of release or parole under this section shall not have that sentence
suspended, deferred or commuted by any judicial officer, and the State
Board of Parole and Post-Prison Supervision may not parole the prisoner
nor reduce the period of confinement in any manner whatsoever. The
Department of Corrections or any executive official may not permit the
prisoner to participate in any sort of release or furlough program.

(c) If sentenced to life imprisonment, the court shall order that
the defendant shall be confined for a minimum of 30 years without
possibility of parole, release to post-prison supervision, release on
work release or any form of temporary leave or employment at a forest or
work camp.

(2) At any time after completion of a minimum period of confinement
pursuant to subsection (1)(c) of this section, the State Board of Parole
and Post-Prison Supervision, upon the petition of a prisoner so confined,
shall hold a hearing to determine if the prisoner is likely to be
rehabilitated within a reasonable period of time. The sole issue shall be
whether or not the prisoner is likely to be rehabilitated within a
reasonable period of time. The proceeding shall be conducted in the
manner prescribed for a contested case hearing under ORS chapter 183
except that:

(a) The prisoner shall have the burden of proving by a
preponderance of the evidence the likelihood of rehabilitation within a
reasonable period of time; and

(b) The prisoner shall have the right, if the prisoner is without
sufficient funds to employ an attorney, to be represented by legal
counsel, appointed by the board, at board expense.

(3) If, upon hearing all of the evidence, the board, upon a
unanimous vote of all of its members, finds that the prisoner is capable
of rehabilitation and that the terms of the prisoner’s confinement should
be changed to life imprisonment with the possibility of parole, release
to post-prison supervision or work release, it shall enter an order to
that effect and the order shall convert the terms of the prisoner’s
confinement to life imprisonment with the possibility of parole, release
to post-prison supervision or work release and may set a release date.
Otherwise the board shall deny the relief sought in the petition.

(4) Not less than two years after the denial of the relief sought
in a petition under this section, the prisoner may petition again for a
change in the terms of confinement. Further petitions for a change may be
filed at intervals of not less than two years thereafter. [1977 c.370 §2;
1981 c.873 §4; 1985 c.3 §1; 1987 c.158 §23; 1987 c.803 §20; 1989 c.720
§1; 1991 c.126 §8; 1995 c.421 §2; 1999 c.59 §31; 1999 c.782 §5](1) Except as
provided in ORS 163.118 and 163.125, criminal homicide constitutes murder:

(a) When it is committed intentionally, except that it is an
affirmative defense that, at the time of the homicide, the defendant was
under the influence of an extreme emotional disturbance;

(b) When it is committed by a person, acting either alone or with
one or more persons, who commits or attempts to commit any of the
following crimes and in the course of and in furtherance of the crime the
person is committing or attempting to commit, or during the immediate
flight therefrom, the person, or another participant if there be any,
causes the death of a person other than one of the participants:

(A) Arson in the first degree as defined in ORS 164.325;

(B) Criminal mischief in the first degree by means of an explosive
as defined in ORS 164.365;

(C) Burglary in the first degree as defined in ORS 164.225;

(D) Escape in the first degree as defined in ORS 162.165;

(E) Kidnapping in the second degree as defined in ORS 163.225;

(F) Kidnapping in the first degree as defined in ORS 163.235;

(G) Robbery in the first degree as defined in ORS 164.415;

(H) Any felony sexual offense in the first degree defined in this
chapter;

(I) Compelling prostitution as defined in ORS 167.017; or

(J) Assault in the first degree, as defined in ORS 163.185, and the
victim is under 14 years of age, or assault in the second degree, as
defined in ORS 163.175 (1)(a) or (b), and the victim is under 14 years of
age; or

(c) By abuse when a person, recklessly under circumstances
manifesting extreme indifference to the value of human life, causes the
death of a child under 14 years of age or a dependent person, as defined
in ORS 163.205, and:

(A) The person has previously engaged in a pattern or practice of
assault or torture of the victim or another child under 14 years of age
or a dependent person; or

(B) The person causes the death by neglect or maltreatment.

(2) An accusatory instrument alleging murder by abuse under
subsection (1)(c) of this section need not allege specific incidents of
assault or torture.

(3) It is an affirmative defense to a charge of violating
subsection (1)(b) of this section that the defendant:

(a) Was not the only participant in the underlying crime;

(b) Did not commit the homicidal act or in any way solicit,
request, command, importune, cause or aid in the commission thereof;

(c) Was not armed with a dangerous or deadly weapon;

(d) Had no reasonable ground to believe that any other participant
was armed with a dangerous or deadly weapon; and

(e) Had no reasonable ground to believe that any other participant
intended to engage in conduct likely to result in death.

(4) It is an affirmative defense to a charge of violating
subsection (1)(c)(B) of this section that the child or dependent person
was under care or treatment solely by spiritual means pursuant to the
religious beliefs or practices of the child or person or the parent or
guardian of the child or person.

(5)(a) A person convicted of murder, who was at least 15 years of
age at the time of committing the murder, shall be punished by
imprisonment for life.

(b) When a defendant is convicted of murder under this section, the
court shall order that the defendant shall be confined for a minimum of
25 years without possibility of parole, release to post-prison
supervision, release on work release or any form of temporary leave or
employment at a forest or work camp.

(c) At any time after completion of a minimum period of confinement
pursuant to paragraph (b) of this subsection, the State Board of Parole
and Post-Prison Supervision, upon the petition of a prisoner so confined,
shall hold a hearing to determine if the prisoner is likely to be
rehabilitated within a reasonable period of time. The sole issue shall be
whether or not the prisoner is likely to be rehabilitated within a
reasonable period of time. The proceeding shall be conducted in the
manner prescribed for a contested case hearing under ORS chapter 183
except that:

(A) The prisoner shall have the burden of proving by a
preponderance of the evidence the likelihood of rehabilitation within a
reasonable period of time; and

(B) The prisoner shall have the right, if the prisoner is without
sufficient funds to employ an attorney, to be represented by legal
counsel, appointed by the board, at board expense.

(d) If, upon hearing all of the evidence, the board, upon a
unanimous vote of all of its members, finds that the prisoner is capable
of rehabilitation and that the terms of the prisoner’s confinement should
be changed to life imprisonment with the possibility of parole, release
to post-prison supervision or work release, it shall enter an order to
that effect and the order shall convert the terms of the prisoner’s
confinement to life imprisonment with the possibility of parole, release
to post-prison supervision or work release and may set a release date.
Otherwise, the board shall deny the relief sought in the petition.

(e) Not less than two years after the denial of the relief sought
in a petition under paragraph (c) of this subsection, the prisoner may
petition again for a change in the terms of confinement. Further
petitions for a change may be filed at intervals of not less than two
years thereafter.

(6) As used in this section:

(a) “Assault” means to intentionally, knowingly or recklessly cause
physical injury to another person. “Assault” does not include the causing
of physical injury in a motor vehicle accident that occurs by reason of
the reckless conduct of a defendant.

(b) “Neglect or maltreatment” means a violation of ORS 163.535,
163.545 or 163.547 or a failure to provide adequate food, clothing,
shelter or medical care that is likely to endanger the health or welfare
of a child under 14 years of age or a dependent person. This paragraph is
not intended to replace or affect the duty or standard of care required
under ORS chapter 677.

(c) “Pattern or practice” means one or more previous episodes.

(d) “Torture” means to intentionally inflict intense physical pain
upon an unwilling victim as a separate objective apart from any other
purpose. [1971 c.743 §88; 1975 c.577 §1; 1979 c.2 §1; 1981 c.873 §5; 1985
c.763 §1; 1989 c.985 §1; 1993 c.664 §1; 1995 c.421 §3; 1995 c.657 §1;
1997 c.850 §2; 1999 c.782 §4] It is a defense to
a charge of murder that the defendant’s conduct consisted of causing or
aiding, without the use of duress or deception, another person to commit
suicide. Nothing contained in this section shall constitute a defense to
a prosecution for, or preclude a conviction of, manslaughter or any other
crime. [1981 c.873 §8] (1) Criminal homicide
constitutes manslaughter in the first degree when:

(a) It is committed recklessly under circumstances manifesting
extreme indifference to the value of human life;

(b) It is committed intentionally by a defendant under the
influence of extreme emotional disturbance as provided in ORS 163.135,
which constitutes a mitigating circumstance reducing the homicide that
would otherwise be murder to manslaughter in the first degree and need
not be proved in any prosecution; or

(c) A person recklessly causes the death of a child under 14 years
of age or a dependent person, as defined in ORS 163.205, and:

(A) The person has previously engaged in a pattern or practice of
assault or torture of the victim or another child under 14 years of age
or a dependent person; or

(B) The person causes the death by neglect or maltreatment, as
defined in ORS 163.115.

(2) Manslaughter in the first degree is a Class A felony.

(3) It is an affirmative defense to a charge of violating
subsection (1)(c)(B) of this section that the child or dependent person
was under care or treatment solely by spiritual means pursuant to the
religious beliefs or practices of the child or person or the parent or
guardian of the child or person. [1975 c.577 §2; 1981 c.873 §6; 1997
c.850 §3] (1) Criminal homicide
constitutes manslaughter in the second degree when:

(a) It is committed recklessly;

(b) A person intentionally causes or aids another person to commit
suicide; or

(c) A person, with criminal negligence, causes the death of a child
under 14 years of age or a dependent person, as defined in ORS 163.205,
and:

(A) The person has previously engaged in a pattern or practice of
assault or torture of the victim or another child under 14 years of age
or a dependent person; or

(B) The person causes the death by neglect or maltreatment, as
defined in ORS 163.115.

(2) Manslaughter in the second degree is a Class B felony. [1971
c.743 §89; 1975 c.577 §3; 1997 c.850 §4; 1999 c.954 §1](1) It is an affirmative defense to murder for
purposes of ORS 163.115 (1)(a) that the homicide was committed under the
influence of extreme emotional disturbance if the disturbance is not the
result of the person’s own intentional, knowing, reckless or criminally
negligent act and if there is a reasonable explanation for the
disturbance. The reasonableness of the explanation for the disturbance
must be determined from the standpoint of an ordinary person in the
actor’s situation under the circumstances that the actor reasonably
believed them to be. Extreme emotional disturbance does not constitute a
defense to a prosecution for, or preclude a conviction of, manslaughter
in the first degree or any other crime.

(2) The defendant may not introduce in the defendant’s case in
chief expert testimony regarding extreme emotional disturbance under this
section unless the defendant gives notice of the defendant’s intent to do
so.

(3) The notice required must be in writing and must be filed at the
time the defendant pleads not guilty. The defendant may file the notice
at any time after the defendant pleads but before trial if the court
determines that there was just cause for failure to file the notice at
the time of the defendant’s plea.

(4) If the defendant fails to file notice, the defendant may not
introduce evidence for the purpose of proving extreme emotional
disturbance under ORS 163.115 unless the court, in its discretion,
determines that there was just cause for failure to file notice.

(5) After the defendant files notice as provided in this section,
the state may have at least one psychiatrist or licensed psychologist of
its selection examine the defendant in the same manner and subject to the
same provisions as provided in ORS 161.315. [1971 c.743 §90; 1977 c.235
§1; 1981 c.873 §7; 2003 c.127 §1] (1) A person commits the
crime of criminally negligent homicide when, with criminal negligence,
the person causes the death of another person.

(2) Criminally negligent homicide is a Class B felony. [1971 c.743
§91; 2003 c.815 §2]The Oregon Criminal Justice
Commission shall classify manslaughter in the second degree as described
in ORS 163.125 and criminally negligent homicide as described in ORS
163.145 as crime category 9 of the sentencing guidelines grid of the
commission if:

(1) The manslaughter or criminally negligent homicide resulted from
the operation of a motor vehicle; and

(2) The driver of the motor vehicle was driving while under the
influence of intoxicants. [2003 c.815 §1]Note: 163.147 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1)(a) Upon a finding that the defendant is guilty of aggravated
murder, the court, except as otherwise provided in subsection (3) of this
section, shall conduct a separate sentencing proceeding to determine
whether the defendant shall be sentenced to life imprisonment, as
described in ORS 163.105 (1)(c), life imprisonment without the
possibility of release or parole, as described in ORS 163.105 (1)(b), or
death. The proceeding shall be conducted in the trial court before the
trial jury as soon as practicable. If a juror for any reason is unable to
perform the function of a juror, the juror shall be dismissed from the
sentencing proceeding. The court shall cause to be drawn the name of one
of the alternate jurors, who shall then become a member of the jury for
the sentencing proceeding notwithstanding the fact that the alternate
juror did not deliberate on the issue of guilt. The substitution of an
alternate juror shall be allowed only if the jury has not begun to
deliberate on the issue of the sentence. If the defendant has pleaded
guilty, the sentencing proceeding shall be conducted before a jury
impaneled for that purpose. In the proceeding, evidence may be presented
as to any matter that the court deems relevant to sentence including, but
not limited to, victim impact evidence relating to the personal
characteristics of the victim or the impact of the crime on the victim’s
family and any aggravating or mitigating evidence relevant to the issue
in paragraph (b)(D) of this subsection; however, neither the state nor
the defendant shall be allowed to introduce repetitive evidence that has
previously been offered and received during the trial on the issue of
guilt. The court shall instruct the jury that all evidence previously
offered and received may be considered for purposes of the sentencing
hearing. This paragraph shall not be construed to authorize the
introduction of any evidence secured in violation of the Constitution of
the United States or of the State of Oregon. The state and the defendant
or the counsel of the defendant shall be permitted to present arguments
for or against a sentence of death and for or against a sentence of life
imprisonment with or without the possibility of release or parole.

(b) Upon the conclusion of the presentation of the evidence, the
court shall submit the following issues to the jury:

(A) Whether the conduct of the defendant that caused the death of
the deceased was committed deliberately and with the reasonable
expectation that death of the deceased or another would result;

(B) Whether there is a probability that the defendant would commit
criminal acts of violence that would constitute a continuing threat to
society;

(C) If raised by the evidence, whether the conduct of the defendant
in killing the deceased was unreasonable in response to the provocation,
if any, by the deceased; and

(D) Whether the defendant should receive a death sentence.

(c)(A) The court shall instruct the jury to consider, in
determining the issues in paragraph (b) of this subsection, any
mitigating circumstances offered in evidence, including but not limited
to the defendant’s age, the extent and severity of the defendant’s prior
criminal conduct and the extent of the mental and emotional pressure
under which the defendant was acting at the time the offense was
committed.

(B) The court shall instruct the jury to answer the question in
paragraph (b)(D) of this subsection “no” if, after considering any
aggravating evidence and any mitigating evidence concerning any aspect of
the defendant’s character or background, or any circumstances of the
offense and any victim impact evidence as described in paragraph (a) of
this subsection, one or more of the jurors believe that the defendant
should not receive a death sentence.

(d) The state must prove each issue submitted under paragraph
(b)(A) to (C) of this subsection beyond a reasonable doubt, and the jury
shall return a special verdict of “yes” or “no” on each issue considered.

(e) The court shall charge the jury that it may not answer any
issue “yes,” under paragraph (b) of this subsection unless it agrees
unanimously.

(f) If the jury returns an affirmative finding on each issue
considered under paragraph (b) of this subsection, the trial judge shall
sentence the defendant to death.

(2)(a) Upon the conclusion of the presentation of the evidence, the
court shall also instruct the jury that if it reaches a negative finding
on any issue under subsection (1)(b) of this section, the trial court
shall sentence the defendant to life imprisonment without the possibility
of release or parole, as described in ORS 163.105 (1)(b), unless 10 or
more members of the jury further find that there are sufficient
mitigating circumstances to warrant life imprisonment, in which case the
trial court shall sentence the defendant to life imprisonment as
described in ORS 163.105 (1)(c).

(b) If the jury returns a negative finding on any issue under
subsection (1)(b) of this section and further finds that there are
sufficient mitigating circumstances to warrant life imprisonment, the
trial court shall sentence the defendant to life imprisonment in the
custody of the Department of Corrections as provided in ORS 163.105
(1)(c).

(3)(a) When the defendant is found guilty of aggravated murder, and
ORS 137.707 (2) applies or the state advises the court on the record that
the state declines to present evidence for purposes of sentencing the
defendant to death, the court:

(A) Shall not conduct a sentencing proceeding as described in
subsection (1) of this section, and a sentence of death shall not be
ordered.

(B) Shall conduct a sentencing proceeding to determine whether the
defendant shall be sentenced to life imprisonment without the possibility
of release or parole as described in ORS 163.105 (1)(b) or life
imprisonment as described in ORS 163.105 (1)(c). If the defendant waives
all rights to a jury sentencing proceeding, the court shall conduct the
sentencing proceeding as the trier of fact. The procedure for the
sentencing proceeding, whether before a court or a jury, shall follow the
procedure of subsection (1)(a) of this section, as modified by this
subsection. In the proceeding, evidence may be presented as to any matter
that the court deems relevant to sentence, including, but not limited to,
victim impact evidence relating to the personal characteristics of the
victim or the impact of the crime on the victim’s family.

(b) Following the presentation of evidence and argument under
paragraph (a) of this subsection, the court shall instruct the jury that
the trial court shall sentence the defendant to life imprisonment without
the possibility of release or parole as described in ORS 163.105 (1)(b),
unless after considering all of the evidence submitted, 10 or more
members of the jury find there are sufficient mitigating circumstances to
warrant life imprisonment with the possibility of parole as described in
ORS 163.105 (1)(c). If 10 or more members of the jury find there are
sufficient mitigating circumstances to warrant life imprisonment with the
possibility of parole, the trial court shall sentence the defendant to
life imprisonment as described in ORS 163.105 (1)(c).

(c) Nothing in this subsection shall preclude the court from
sentencing the defendant to life imprisonment, as described in ORS
163.105 (1)(c), or life imprisonment without the possibility of release
or parole, as described in ORS 163.105 (1)(b), pursuant to a stipulation
of sentence or stipulation of sentencing facts agreed to and offered by
both parties if the defendant waives all rights to a jury sentencing
proceeding.

(4) If any part of subsection (2) of this section is held invalid
and as a result thereof a defendant who has been sentenced to life
imprisonment without possibility of release or parole will instead be
sentenced to life imprisonment in the custody of the Department of
Corrections as provided in ORS 163.105 (2), the defendant shall be
confined for a minimum of 30 years without possibility of parole, release
on work release or any form of temporary leave or employment at a forest
or work camp. Subsection (2) of this section shall apply only to trials
commencing on or after July 19, 1989.

(5) Notwithstanding subsection (1)(a) of this section, if the trial
court grants a mistrial during the sentencing proceeding, the trial
court, at the election of the state, shall either:

(a) Sentence the defendant to imprisonment for life in the custody
of the Department of Corrections as provided in ORS 163.105 (1)(c); or

(b) Impanel a new sentencing jury for the purpose of conducting a
new sentencing proceeding to determine if the defendant should be
sentenced to:

(A) Death;

(B) Imprisonment for life without the possibility of release or
parole as provided in ORS 163.105 (1)(b); or

(C) Imprisonment for life in the custody of the Department of
Corrections as provided in ORS 163.105 (1)(c). [1985 c.3 §3; 1987 c.320
§86; 1987 c.557 §1; 1989 c.720 §2; 1989 c.790 §135b; 1991 c.725 §2; 1991
c.885 §2; 1995 c.531 §2; 1995 c.657 §23; 1997 c.784 §1; 1999 c.1055 §1;
2001 c.306 §1; 2005 c.480 §1]ASSAULT AND RELATED OFFENSES (1) A person commits the
crime of assault in the fourth degree if the person:

(a) Intentionally, knowingly or recklessly causes physical injury
to another; or

(b) With criminal negligence causes physical injury to another by
means of a deadly weapon.

(2) Assault in the fourth degree is a Class A misdemeanor.

(3) Notwithstanding subsection (2) of this section, assault in the
fourth degree is a Class C felony if the person commits the crime of
assault in the fourth degree and:

(a) The person has previously been convicted of assaulting the same
victim;

(b) The person has previously been convicted at least three times
under this section or under equivalent laws of another jurisdiction and
all of the assaults involved domestic violence, as defined in ORS
135.230; or

(c) The assault is committed in the immediate presence of, or is
witnessed by, the person’s or the victim’s minor child or stepchild or a
minor child residing within the household of the person or victim.

(4) For the purposes of subsection (3) of this section, an assault
is witnessed if the assault is seen or directly perceived in any other
manner by the child. [1977 c.297 §5; 1997 c.694 §1; 1999 c.1073 §1] (1) A person commits the crime
of assault in the third degree if the person:

(a) Recklessly causes serious physical injury to another by means
of a deadly or dangerous weapon;

(b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of human life;

(c) Recklessly causes physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting extreme
indifference to the value of human life;

(d) Intentionally, knowingly or recklessly causes, by means other
than a motor vehicle, physical injury to the operator of a public transit
vehicle while the operator is in control of or operating the vehicle. As
used in this paragraph, “public transit vehicle” has the meaning given
that term in ORS 166.116;

(e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;

(f) While committed to a youth correction facility, intentionally
or knowingly causes physical injury to another knowing the other person
is a staff member of a youth correction facility while the other person
is acting in the course of official duty;

(g) Intentionally, knowingly or recklessly causes physical injury
to an emergency medical technician or paramedic, as those terms are
defined in ORS 682.025, while the technician or paramedic is performing
official duties;

(h) Being at least 18 years of age, intentionally or knowingly
causes physical injury to a child 10 years of age or younger;

(i) Knowing the other person is a staff member, intentionally or
knowingly propels any dangerous substance at the staff member while the
staff member is acting in the course of official duty or as a result of
the staff member’s official duties; or

(j) Intentionally, knowingly or recklessly causes, by means other
than a motor vehicle, physical injury to the operator of a taxi while the
operator is in control of the taxi.

(2) Assault in the third degree is a Class C felony. When a person
is convicted of violating subsection (1)(i) of this section, in addition
to any other sentence it may impose, the court shall impose a term of
incarceration in a state correction facility.

(3) As used in this section:

(a) “Dangerous substance” includes, but is not limited to, blood,
urine, saliva, semen and feces.

(b) “Staff member” means:

(A) A corrections officer as defined in ORS 181.610, a youth
correction officer, a Department of Corrections or Oregon Youth Authority
staff member or a person employed pursuant to a contract with the
department or youth authority to work with, or in the vicinity of,
inmates or youth offenders; and

(B) A volunteer authorized by the department, youth authority or
other entity in charge of a corrections facility to work with, or in the
vicinity of, inmates or youth offenders.

(c) “Youth correction facility” has the meaning given that term in
ORS 162.135. [1971 c.743 §92; 1977 c.297 §3; 1991 c.475 §1; 1991 c.564
§1; 1995 c.738 §1; 1997 c.249 §49; 1999 c.1011 §1; 2001 c.104 §50; 2001
c.830 §1; 2001 c.851 §4] (1) A person commits the
crime of assault in the second degree if the person:

(a) Intentionally or knowingly causes serious physical injury to
another;

(b) Intentionally or knowingly causes physical injury to another by
means of a deadly or dangerous weapon; or

(c) Recklessly causes serious physical injury to another by means
of a deadly or dangerous weapon under circumstances manifesting extreme
indifference to the value of human life.

(2) Assault in the second degree is a Class B felony. [1971 c.743
§93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110] (1) A person commits the crime
of assault in the first degree if the person:

(a) Intentionally causes serious physical injury to another by
means of a deadly or dangerous weapon; or

(b) Intentionally or knowingly causes serious physical injury to a
child under six years of age.

(2) Assault in the first degree is a Class A felony. [1971 c.743
§94; 1975 c.626 §2; 1977 c.297 §1; 2005 c.513 §1] (1) A person commits the crime of
strangulation if the person knowingly impedes the normal breathing or
circulation of the blood of another person by:

(a) Applying pressure on the throat or neck of the other person; or

(b) Blocking the nose or mouth of the other person.

(2) Subsection (1) of this section does not apply to legitimate
medical or dental procedures or good faith practices of a religious
belief.

(3) Strangulation is a Class A misdemeanor. [2003 c.577 §2]Note: 163.187 was added to and made a part of 163.160 to 163.208 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) A person commits the crime of menacing if by
word or conduct the person intentionally attempts to place another person
in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95] (1) A person commits
the crime of recklessly endangering another person if the person
recklessly engages in conduct which creates a substantial risk of serious
physical injury to another person.

(2) Recklessly endangering another person is a Class A misdemeanor.
[1971 c.743 §96] (1) No fraternity, sorority or other student
organization organized or operating on a college or university campus for
purposes of participating in student activities of the college or
university, nor any member of such an organization, shall intentionally
haze any member, potential member or person pledged to be a member of the
organization, as a condition or precondition of attaining membership in
the organization or of attaining any office or status therein.

(2) As used in this section, “haze” means to subject a person to
bodily danger or physical harm or a likelihood of bodily danger or
physical harm, or to require, encourage, authorize or permit that the
person be subjected to any of the following:

(a) Calisthenics;

(b) Total or substantial nudity on the part of the person;

(c) Compelled ingestion of any substance by the person;

(d) Wearing or carrying of any obscene or physically burdensome
article by the person;

(e) Physical assaults upon or offensive physical contact with the
person;

(f) Participation by the person in boxing matches or other physical
contests;

(g) Transportation and abandonment of the person;

(h) Confinement of the person to unreasonably small, unventilated,
insanitary or unlighted areas;

(i) Assignment of pranks to be performed by the person; or

(j) Compelled personal servitude by the person.

(3) Subsection (1) of this section does not apply to curricular
activities or to athletic teams of or within the college or university.

(4) A fraternity, sorority or other student organization that
violates this section commits a Class A violation.

(5) A member of a fraternity, sorority or other student
organization, who personally violates this section commits a Class B
violation. [1983 c.202 §2; 1999 c.1051 §152] (1) A person
commits the crime of criminal mistreatment in the second degree if, with
criminal negligence and:

(a) In violation of a legal duty to provide care for another
person, the person withholds necessary and adequate food, physical care
or medical attention from that person; or

(b) Having assumed the permanent or temporary care, custody or
responsibility for the supervision of another person, the person
withholds necessary and adequate food, physical care or medical attention
from that person.

(2) Criminal mistreatment in the second degree is a Class A
misdemeanor.

(3) As used in this section, “legal duty” includes but is not
limited to a duty created by familial relationship, court order,
contractual agreement or statutory or case law. [1973 c.627 §2; 1993
c.364 §1] (1) A person
commits the crime of criminal mistreatment in the first degree if:

(a) The person, in violation of a legal duty to provide care for
another person, or having assumed the permanent or temporary care,
custody or responsibility for the supervision of another person,
intentionally or knowingly withholds necessary and adequate food,
physical care or medical attention from that other person; or

(b) The person, in violation of a legal duty to provide care for a
dependent person or elderly person, or having assumed the permanent or
temporary care, custody or responsibility for the supervision of a
dependent person or elderly person, intentionally or knowingly:

(A) Causes physical injury or injuries to the dependent person or
elderly person;

(B) Deserts the dependent person or elderly person in a place with
the intent to abandon that person;

(C) Leaves the dependent person or elderly person unattended at a
place for such a period of time as may be likely to endanger the health
or welfare of that person;

(D) Hides the dependent person’s or elderly person’s money or
property or takes the money or property for, or appropriates the money or
property to, any use or purpose not in the due and lawful execution of
the person’s responsibility;

(E) Takes charge of a dependent or elderly person for the purpose
of fraud; or

(F) Leaves the dependent person or elderly person, or causes the
dependent person or elderly person to enter or remain, in or upon
premises where a chemical reaction involving one or more precursor
substances:

(i) Is occurring as part of unlawfully manufacturing a controlled
substance or grinding, soaking or otherwise breaking down a precursor
substance for the unlawful manufacture of a controlled substance; or

(ii) Has occurred as part of unlawfully manufacturing a controlled
substance or grinding, soaking or otherwise breaking down a precursor
substance for the unlawful manufacture of a controlled substance and the
premises have not been certified as fit for use under ORS 453.885.

(2) As used in this section:

(a) “Controlled substance” has the meaning given that term in ORS
475.005.

(b) “Dependent person” means a person who because of either age or
a physical or mental disability is dependent upon another to provide for
the person’s physical needs.

(c) “Elderly person” means a person 65 years of age or older.

(d) “Legal duty” includes but is not limited to a duty created by
familial relationship, court order, contractual agreement or statutory or
case law.

(e) “Precursor substance” has the meaning given that term in ORS
475.940.

(3) Criminal mistreatment in the first degree is a Class C felony.
[1973 c.627 §3; 1981 c.486 §1; 1993 c.364 §2; 2005 c.708 §1]

(1) To a person acting pursuant to a court order, an advance
directive or a power of attorney for health care pursuant to ORS 127.505
to 127.660;

(2) To a person withholding or withdrawing life-sustaining
procedures or artificially administered nutrition and hydration pursuant
to ORS 127.505 to 127.660;

(3) When a competent person refuses food, physical care or medical
care;

(4) To a person who provides an elderly person or a dependent
person who is at least 15 years of age with spiritual treatment through
prayer from a duly accredited practitioner of spiritual treatment as
provided in ORS 124.095, in lieu of medical treatment, in accordance with
the tenets and practices of a recognized church or religious denomination
of which the elderly or dependent person is a member or an adherent; or

(5) To a duly accredited practitioner of spiritual treatment as
provided in ORS 124.095. [1993 c.364 §3; 1995 c.79 §51; 1999 c.954 §5]Note: 163.206 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person commits the crime
of female genital mutilation if the person:

(a) Knowingly circumcises, excises or infibulates the whole or any
part of the labia majora, labia minora or clitoris of a child; or

(b) Is the parent, guardian or other person legally responsible for
the care or custody of a child and knowingly allows the circumcision,
excision or infibulation of the whole or any part of the child’s labia
majora, labia minora or clitoris.

(2) Female genital mutilation is a Class B felony.

(3)(a) A person who circumcises, excises or infibulates the whole
or any part of a child’s labia majora, labia minora or clitoris does not
violate subsection (1) of this section if:

(A) The person is a physician, licensed to practice in this state;
and

(B) The surgery is medically necessary for the physical well-being
of the child.

(b) In determining medical necessity for purposes of paragraph
(a)(B) of this subsection, a person may not consider the effect on the
child of the child’s belief that the surgery is required as a matter of
custom or ritual. [1999 c.737 §1]Note: 163.207 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person commits
the crime of assaulting a public safety officer if the person
intentionally or knowingly causes physical injury to the other person,
knowing the other person to be a peace officer, corrections officer,
youth correction officer, parole and probation officer, animal control
officer, firefighter or staff member, and while the other person is
acting in the course of official duty.

(2) Assaulting a public safety officer is a Class C felony.

(3)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person convicted under this section shall be sentenced to
not less than seven days of imprisonment and shall not be granted bench
parole or suspension of sentence nor released on a sentence of probation
before serving at least seven days of the sentence of confinement.

(b) A person convicted under this section shall be sentenced to not
less than 14 days of imprisonment and shall not be granted bench parole
or suspension of sentence nor released on a sentence of probation before
serving at least 14 days of the sentence of confinement if the victim is
a peace officer.

(4) As used in this section:

(a) “Animal control officer” has the meaning given that term in ORS
609.500; and

(b) “Staff member” means:

(A) A corrections officer as defined in ORS 181.610, a youth
correction officer, a Department of Corrections or Oregon Youth Authority
staff member or a person employed pursuant to a contract with the
department or youth authority to work with, or in the vicinity of,
inmates or youth offenders; and

(B) A volunteer authorized by the department, youth authority or
other entity in charge of a corrections facility to work with, or in the
vicinity of, inmates or youth offenders. [1981 c.783 §2; 1993 c.14 §21;
1993 c.358 §1; 1995 c.651 §4; 1999 c.1040 §14; 2001 c.104 §51; 2001 c.828
§1; 2003 c.327 §1] As used in ORS
163.211 to 163.213:

(1) “Corrections officer” and “parole and probation officer” have
the meanings given those terms in ORS 181.610.

(2) “Mace, tear gas, pepper mace or any similar deleterious agent”
means a sternutator, lacrimator or any substance composed of a mixture of
a sternutator or lacrimator including, but not limited to,
chloroacetophenone, alpha-chloroacetophenone, phenylchloromethylketone,
orthochlorobenzalmalononitrile, oleoresin capsicum or a chemically
similar sternutator or lacrimator by whatever name known, or phosgene or
other gas or substance capable of generating offensive, noxious or
suffocating fumes, gases or vapor or capable of immobilizing a person.

(3) “Tear gas weapon” includes:

(a) Any shell, cartridge or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit the
release or emission of tear gas or oleoresin capsicum.

(b) Any revolver, pistol, fountain pen gun, billy or other form of
device, portable or fixed, intended for the projection or release of tear
gas or oleoresin capsicum. [1995 c.651 §1]Note: 163.211 to 163.213 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 163 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) A person commits the crime of unlawful use of an
electrical stun gun, tear gas or mace in the second degree if the person
recklessly discharges an electrical stun gun, tear gas weapon, mace, tear
gas, pepper mace or any similar deleterious agent against another person.

(2) Unlawful use of an electrical stun gun, tear gas or mace in the
second degree is a Class A misdemeanor. [1995 c.651 §2]Note: See note under 163.211.(1) A person commits the crime of unlawful use of an
electrical stun gun, tear gas or mace in the first degree if the person
knowingly discharges or causes to be discharged any electrical stun gun,
tear gas weapon, mace, tear gas, pepper mace or any similar deleterious
agent against another person, knowing the other person to be a peace
officer, corrections officer, parole and probation officer, firefighter
or emergency medical technician or paramedic and while the other person
is acting in the course of official duty.

(2) Unlawful use of an electrical stun gun, tear gas or mace in the
first degree is a Class C felony. [1995 c.651 §3]Note: See note under 163.211.KIDNAPPING AND RELATED OFFENSES As used in ORS
163.215 to 163.257, unless the context requires otherwise:

(1) “Without consent” means that the taking or confinement is
accomplished by force, threat or deception, or, in the case of a person
under 16 years of age or who is otherwise incapable of giving consent,
that the taking or confinement is accomplished without the consent of the
lawful custodian of the person.

(2) “Lawful custodian” means a parent, guardian or other person
responsible by authority of law for the care, custody or control of
another.

(3) “Relative” means a parent, ancestor, brother, sister, uncle or
aunt. [1971 c.743 §97] (1) A person commits the
crime of kidnapping in the second degree if, with intent to interfere
substantially with another’s personal liberty, and without consent or
legal authority, the person:

(a) Takes the person from one place to another; or

(b) Secretly confines the person in a place where the person is not
likely to be found.

(2) It is a defense to a prosecution under subsection (1) of this
section if:

(a) The person taken or confined is under 16 years of age;

(b) The defendant is a relative of that person; and

(c) The sole purpose of the person is to assume control of that
person.

(3) Kidnapping in the second degree is a Class B felony. [1971
c.743 §98; 2005 c.22 §111] (1) A person commits the
crime of kidnapping in the first degree if the person violates ORS
163.225 with any of the following purposes:

(a) To compel any person to pay or deliver money or property as
ransom;

(b) To hold the victim as a shield or hostage;

(c) To cause physical injury to the victim; or

(d) To terrorize the victim or another person.

(2) Kidnapping in the first degree is a Class A felony. [1971 c.743
§99; 2005 c.22 §112] (1) A person
commits the crime of custodial interference in the second degree if,
knowing or having reason to know that the person has no legal right to do
so, the person takes, entices or keeps another person from the other
person’s lawful custodian or in violation of a valid joint custody order
with intent to hold the other person permanently or for a protracted
period.

(2) Expenses incurred by a lawful custodial parent or a parent
enforcing a valid joint custody order in locating and regaining physical
custody of the person taken, enticed or kept in violation of this section
are “economic damages” for purposes of restitution under ORS 137.103 to
137.109.

(3) Custodial interference in the second degree is a Class C
felony. [1971 c.743 §100; 1981 c.774 §1; 1987 c.795 §7; 2005 c.564 §6] (1) A person
commits the crime of custodial interference in the first degree if the
person violates ORS 163.245 and:

(a) Causes the person taken, enticed or kept from the lawful
custodian or in violation of a valid joint custody order to be removed
from the state; or

(b) Exposes that person to a substantial risk of illness or
physical injury.

(2) Expenses incurred by a lawful custodial parent or a parent
enforcing a valid joint custody order in locating and regaining physical
custody of the person taken, enticed or kept in violation of this section
are “economic damages” for purposes of restitution under ORS 137.103 to
137.109.

(3) Custodial interference in the first degree is a Class B felony.
[1971 c.743 §101; 1981 c.774 §2; 1987 c.795 §8; 2005 c.564 §7]COERCION (1) A person commits the crime of coercion when
the person compels or induces another person to engage in conduct from
which the other person has a legal right to abstain, or to abstain from
engaging in conduct in which the other person has a legal right to
engage, by means of instilling in the other person a fear that, if the
other person refrains from the conduct compelled or induced or engages in
conduct contrary to the compulsion or inducement, the actor or another
will:

(a) Unlawfully cause physical injury to some person; or

(b) Unlawfully cause damage to property; or

(c) Engage in conduct constituting a crime; or

(d) Falsely accuse some person of a crime or cause criminal charges
to be instituted against the person; or

(e) Cause or continue a strike, boycott or other collective action
injurious to some person’s business, except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or

(f) Testify falsely or provide false information or withhold
testimony or information with respect to another’s legal claim or
defense; or

(g) Unlawfully use or abuse the person’s position as a public
servant by performing some act within or related to official duties, or
by failing or refusing to perform an official duty, in such manner as to
affect some person adversely.

(2) Coercion is a Class C felony. [1971 c.743 §102; 1983 c.546 §4;
1985 c.338 §1] In any prosecution for coercion
committed by instilling in the victim a fear that the victim or another
person would be charged with a crime, it is a defense that the defendant
reasonably believed the threatened charge to be true and that the sole
purpose of the defendant was to compel or induce the victim to take
reasonable action to make good the wrong which was the subject of the
threatened charge. [1971 c.743 §103]SEXUAL OFFENSES As used in chapter 743, Oregon Laws 1971,
unless the context requires otherwise:

(1) “Deviate sexual intercourse” means sexual conduct between
persons consisting of contact between the sex organs of one person and
the mouth or anus of another.

(2) “Forcible compulsion” means to compel by:

(a) Physical force; or

(b) A threat, express or implied, that places a person in fear of
immediate or future death or physical injury to self or another person,
or in fear that the person or another person will immediately or in the
future be kidnapped.

(3) “Mentally defective” means that a person suffers from a mental
disease or defect that renders the person incapable of appraising the
nature of the conduct of the person.

(4) “Mentally incapacitated” means that a person is rendered
incapable of appraising or controlling the conduct of the person at the
time of the alleged offense because of the influence of a controlled or
other intoxicating substance administered to the person without the
consent of the person or because of any other act committed upon the
person without the consent of the person.

(5) “Physically helpless” means that a person is unconscious or for
any other reason is physically unable to communicate unwillingness to an
act.

(6) “Sexual contact” means any touching of the sexual or other
intimate parts of a person or causing such person to touch the sexual or
other intimate parts of the actor for the purpose of arousing or
gratifying the sexual desire of either party.

(7) “Sexual intercourse” has its ordinary meaning and occurs upon
any penetration, however slight; emission is not required. [1971 c.743
§104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983 c.500 §1; 1999
c.949 §1]Note: Legislative Counsel has substituted “chapter 743, Oregon Laws
1971,” for the words “this Act” in section 104, chapter 743, Oregon Laws
1971, compiled as 163.305. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by
referring to the 1971 Comparative Section Table located in Volume 20 of
ORS. (1) A
person is considered incapable of consenting to a sexual act if the
person is:

(a) Under 18 years of age;

(b) Mentally defective;

(c) Mentally incapacitated; or

(d) Physically helpless.

(2) A lack of verbal or physical resistance does not, by itself,
constitute consent but may be considered by the trier of fact along with
all other relevant evidence. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104
§52] (1) In any prosecution
under ORS 163.355 to 163.445 in which the criminality of conduct depends
on a child’s being under the age of 16, it is no defense that the
defendant did not know the child’s age or that the defendant reasonably
believed the child to be older than the age of 16.

(2) When criminality depends on the child’s being under a specified
age other than 16, it is an affirmative defense for the defendant to
prove that the defendant reasonably believed the child to be above the
specified age at the time of the alleged offense.

(3) In any prosecution under ORS 163.355 to 163.445 in which the
victim’s lack of consent is based solely upon the incapacity of the
victim to consent because the victim is mentally defective, mentally
incapacitated or physically helpless, it is an affirmative defense for
the defendant to prove that at the time of the alleged offense the
defendant did not know of the facts or conditions responsible for the
victim’s incapacity to consent. [1971 c.743 §106] (1) In any prosecution
under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427
or 163.435 in which the victim’s lack of consent was due solely to
incapacity to consent by reason of being less than a specified age, it is
a defense that the actor was less than three years older than the victim
at the time of the alleged offense.

(2) In any prosecution under ORS 163.408, when the object used to
commit the unlawful sexual penetration was the hand or any part thereof
of the actor and in which the victim’s lack of consent was due solely to
incapacity to consent by reason of being less than a specified age, it is
a defense that the actor was less than three years older than the victim
at the time of the alleged offense.

(3) In any prosecution under ORS 163.445 in which the victim’s lack
of consent was due solely to incapacity to consent by reason of being
less than a specified age, it is a defense that the actor was less than
three years older than the victim at the time of the alleged offense if
the victim was at least 15 years of age at the time of the alleged
(1) A person commits the crime of
rape in the third degree if the person has sexual intercourse with
another person under 16 years of age.

(2) Rape in the third degree is a Class C felony. [1971 c.743 §109;
1991 c.628 §1] (1) A person who has sexual
intercourse with another person commits the crime of rape in the second
degree if the other person is under 14 years of age.

(2) Rape in the second degree is a Class B felony. [1971 c.743
§110; 1989 c.359 §1; 1991 c.628 §2] (1) A person who has sexual
intercourse with another person commits the crime of rape in the first
degree if:

(a) The victim is subjected to forcible compulsion by the person;

(b) The victim is under 12 years of age;

(c) The victim is under 16 years of age and is the person’s
sibling, of the whole or half blood, the person’s child or the person’s
spouse’s child; or

(d) The victim is incapable of consent by reason of mental defect,
mental incapacitation or physical helplessness.

(2) Rape in the first degree is a Class A felony. [1971 c.743 §111;
1989 c.359 §2; 1991 c.628 §3] (1) A person commits the crime
of sodomy in the third degree if the person engages in deviate sexual
intercourse with another person under 16 years of age or causes that
person to engage in deviate sexual intercourse.

(2) Sodomy in the third degree is a Class C felony. [1971 c.743
§112] (1) A person who engages in
deviate sexual intercourse with another person or causes another to
engage in deviate sexual intercourse commits the crime of sodomy in the
second degree if the victim is under 14 years of age.

(2) Sodomy in the second degree is a Class B felony. [1971 c.743
§113; 1989 c.359 §3] (1) A person who engages in
deviate sexual intercourse with another person or causes another to
engage in deviate sexual intercourse commits the crime of sodomy in the
first degree if:

(a) The victim is subjected to forcible compulsion by the actor;

(b) The victim is under 12 years of age;

(c) The victim is under 16 years of age and is the actor’s brother
or sister, of the whole or half blood, the son or daughter of the actor
or the son or daughter of the actor’s spouse; or

(d) The victim is incapable of consent by reason of mental defect,
mental incapacitation or physical helplessness.

(2) Sodomy in the first degree is a Class A felony. [1971 c.743
§114; 1989 c.359 §4] (1)
Except as permitted under ORS 163.412, a person commits the crime of
unlawful sexual penetration in the second degree if the person penetrates
the vagina, anus or penis of another with any object other than the penis
or mouth of the actor and the victim is under 14 years of age.

(2) Unlawful sexual penetration in the second degree is a Class B
felony. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1] (1) Except
as permitted under ORS 163.412, a person commits the crime of unlawful
sexual penetration in the first degree if the person penetrates the
vagina, anus or penis of another with any object other than the penis or
mouth of the actor and:

(a) The victim is subjected to forcible compulsion;

(b) The victim is under 12 years of age; or

(c) The victim is incapable of consent by reason of mental defect,
mental incapacitation or physical helplessness.

(2) Unlawful sexual penetration in the first degree is a Class A
felony. [1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2]
Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration
described in those sections when:

(1) The penetration is part of a medically recognized treatment or
diagnostic procedure; or

(2) The penetration is accomplished by a peace officer or a
corrections officer acting in official capacity, or by medical personnel
at the request of such an officer, in order to search for weapons,
contraband or evidence of crime. [1981 c.549 §4; 2005 c.488 §5] (1) A person commits the
crime of sexual abuse in the third degree if the person subjects another
person to sexual contact and:

(a) The victim does not consent to the sexual contact; or

(b) The victim is incapable of consent by reason of being under 18
years of age.

(2) Sexual abuse in the third degree is a Class A misdemeanor.
[1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995
c.671 §9] (1) A person commits the
crime of sexual abuse in the second degree when that person subjects
another person to sexual intercourse, deviate sexual intercourse or,
except as provided in ORS 163.412, penetration of the vagina, anus or
penis with any object other than the penis or mouth of the actor and the
victim does not consent thereto.

(2) Sexual abuse in the second degree is a Class C felony. [1971
c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2] (1) A person commits the
crime of sexual abuse in the first degree when that person:

(a) Subjects another person to sexual contact and:

(A) The victim is less than 14 years of age;

(B) The victim is subjected to forcible compulsion by the actor; or

(C) The victim is incapable of consent by reason of being mentally
defective, mentally incapacitated or physically helpless; or

(b) Intentionally causes a person under 18 years of age to touch or
contact the mouth, anus or sex organs of an animal for the purpose of
arousing or gratifying the sexual desire of a person.

(2) Sexual abuse in the first degree is a Class B felony. [1991
c.830 §3; 1995 c.657 §12; 1995 c.671 §10]Note: 163.427 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A
person 18 years of age or older commits the crime of contributing to the
sexual delinquency of a minor if:

(a) Being a male, he engages in sexual intercourse with a female
under 18 years of age; or

(b) Being a female, she engages in sexual intercourse with a male
under 18 years of age; or

(c) The person engages in deviate sexual intercourse with another
person under 18 years of age or causes that person to engage in deviate
sexual intercourse.

(2) Contributing to the sexual delinquency of a minor is a Class A
misdemeanor. [1971 c.743 §117] (1) A person commits the crime of sexual
misconduct if the person engages in sexual intercourse or deviate sexual
intercourse with an unmarried person under 18 years of age.

(2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118] As used in ORS
163.452 and 163.454, “correctional facility” has the meaning given that
term in ORS 162.135. [2005 c.488 §2] (1) A
person commits the crime of custodial sexual misconduct in the first
degree if the person:

(a) Engages in sexual intercourse or deviate sexual intercourse
with another person or penetrates the vagina, anus or penis of another
person with any object other than the penis or mouth of the actor knowing
that the other person is:

(A) In the custody of a law enforcement agency following arrest;

(B) Confined or detained in a correctional facility;

(C) Participating in an inmate or offender work crew or work
release program; or

(D) On probation, parole, post-prison supervision or other form of
conditional or supervised release; and

(b) Is employed by or under contract with the state or local agency
that:

(A) Employs the officer who arrested the other person;

(B) Operates the correctional facility in which the other person is
confined or detained;

(C) Is responsible for supervising the other person in a work crew
or work release program or on probation, parole, post-prison supervision
or other form of conditional or supervised release; or

(D) Engages the other person in work or on-the-job training
pursuant to ORS 421.354 (1).

(2) Consent of the other person to sexual intercourse, deviate
sexual intercourse or the sexual penetration is not a defense to a
prosecution under this section.

(3) Lack of supervisory authority over the other person is an
affirmative defense to a prosecution under this section when the other
person is on probation, parole, post-prison supervision or other form of
conditional or supervised release.

(4) Custodial sexual misconduct in the first degree is a Class C
felony. [2005 c.488 §3] (1) A
person commits the crime of custodial sexual misconduct in the second
degree if the person:

(a) Engages in sexual contact with another person knowing that the
other person is:

(A) In the custody of a law enforcement agency following arrest;

(B) Confined or detained in a correctional facility;

(C) Participating in an inmate or offender work crew or work
release program; or

(D) On probation, parole, post-prison supervision or other form of
conditional or supervised release; and

(b) Is employed by or under contract with the state or local agency
that:

(A) Employs the officer who arrested the other person;

(B) Operates the correctional facility in which the other person is
confined or detained;

(C) Is responsible for supervising the other person in a work crew
or work release program or on probation, parole, post-prison supervision
or other form of conditional or supervised release; or

(D) Engages the other person in work or on-the-job training
pursuant to ORS 421.354 (1).

(2) Consent of the other person to sexual contact is not a defense
to a prosecution under this section.

(3) Lack of supervisory authority over the other person is an
affirmative defense to a prosecution under this section when the other
person is on probation, parole, post-prison supervision or other form of
conditional or supervised release.

(4) Custodial sexual misconduct in the second degree is a Class A
misdemeanor. [2005 c.488 §4] (1) A person commits the crime of public
indecency if while in, or in view of, a public place the person performs:

(a) An act of sexual intercourse;

(b) An act of deviate sexual intercourse; or

(c) An act of exposing the genitals of the person with the intent
of arousing the sexual desire of the person or another person.

(2)(a) Public indecency is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, public
indecency is a Class C felony if the person has a prior conviction for
public indecency or a crime described in ORS 163.355 to 163.445 or for a
crime in another jurisdiction that, if committed in this state, would
constitute public indecency or a crime described in ORS 163.355 to
163.445. [1971 c.743 §120; 1999 c.962 §1; 2005 c.434 §1] The
Oregon Criminal Justice Commission shall classify felony public indecency
as a person felony and crime category 6 of the sentencing guidelines grid
of the commission. [1999 c.962 §3]Note: 163.466 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person commits the crime of
private indecency if the person exposes the genitals of the person with
the intent of arousing the sexual desire of the person or another person
and:

(a) The person is in a place where another person has a reasonable
expectation of privacy;

(b) The person is in view of the other person;

(c) The exposure reasonably would be expected to alarm or annoy the
other person; and

(d) The person knows that the other person did not consent to the
exposure.

(2) Private indecency is a Class A misdemeanor.

(3) Subsection (1) of this section does not apply to a person who
commits the act described in subsection (1) of this section if the person
cohabits with and is involved in a sexually intimate relationship with
the other person.

(4) For purposes of this section, “place where another person has a
reasonable expectation of privacy” includes, but is not limited to,
residences, yards of residences, working areas and offices. [1999 c.869
§2](1) A person commits the crime of unlawfully being in a
location where children regularly congregate if the person:

(a)(A) Has been designated a sexually violent dangerous offender
under ORS 137.765;

(B) Has been designated a predatory sex offender under ORS 181.585
and does not have written approval from the State Board of Parole and
Post-Prison Supervision or the person’s supervisory authority or
supervising officer to be in or upon the specific premises;

(C) Has been sentenced as a dangerous offender under ORS 161.725
upon conviction of a sex crime; or

(D) Has been given a similar designation or been sentenced under a
similar law of another jurisdiction; and

(b) Knowingly enters or remains in or upon premises where persons
under 18 years of age regularly congregate.

(2) As used in this section:

(a) “Premises where persons under 18 years of age regularly
congregate” means schools, child care centers, playgrounds, other places
intended for use primarily by persons under 18 years of age and places
where persons under 18 years of age gather for regularly scheduled
educational and recreational programs.

(b) “Sex crime” has the meaning given that term in ORS 181.594.

(3) Unlawfully being in a location where children regularly
congregate is a Class A misdemeanor. [2005 c.811 §1]Note: 163.476 and 163.479 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 163 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) A person commits the
crime of unlawful contact with a child if the person:

(a)(A) Has been designated a sexually violent dangerous offender
under ORS 137.765;

(B) Has been designated a predatory sex offender under ORS 181.585;

(C) Has been sentenced as a dangerous offender under ORS 161.725
upon conviction of a sex crime; or

(D) Has been given a similar designation or been sentenced under a
similar law of another jurisdiction; and

(b) Knowingly contacts a child with the intent to commit a crime or
for the purpose of arousing or satisfying the sexual desires of the
person or another person.

(2) As used in this section:

(a) “Child” means a person under 18 years of age.

(b) “Contact” means to communicate in any manner.

(c) “Sex crime” has the meaning given that term in ORS 181.594.

(3) Unlawful contact with a child is a Class C felony. [2005 c.811
§2]Note: See note under 163.476.OFFENSES AGAINST FAMILYAs used in ORS 163.505 to 163.575, unless the context requires
otherwise:

(1) “Controlled substance” has the meaning given that term in ORS
475.005.

(2) “Descendant” includes persons related by descending lineal
consanguinity, step-children and lawfully adopted children.

(3) “Precursor substance” has the meaning given that term in ORS
475.940.

(4) “Support” includes, but is not limited to, necessary and proper
shelter, food, clothing, medical attention and education. [1971 c.743
§170; 2005 c.708 §3] (1) A person commits the crime of bigamy if the
person knowingly marries or purports to marry another person at a time
when either is lawfully married.

(2) Bigamy is a Class C felony. [1971 c.743 §171] (1) A person commits the crime of incest if the
person marries or engages in sexual intercourse or deviate sexual
intercourse with a person whom the person knows to be related to the
person, either legitimately or illegitimately, as an ancestor, descendant
or brother or sister of either the whole or half blood.

(2) Incest is a Class C felony. [1971 c.743 §172] (1) A person commits the crime of
abandonment of a child if, being a parent, lawful guardian or other
person lawfully charged with the care or custody of a child under 15
years of age, the person deserts the child in any place with intent to
abandon it.

(2) Abandonment of a child is a Class C felony.

(3) It is an affirmative defense to a charge of violating
subsection (1) of this section that the child was left in accordance with
ORS 418.017. [1971 c.743 §173; 2001 c.597 §2] (1) A
person commits the crime of buying or selling a person under 18 years of
age if the person buys, sells, barters, trades or offers to buy or sell
the legal or physical custody of a person under 18 years of age.

(2) Subsection (1) of this section does not:

(a) Prohibit a person in the process of adopting a child from
paying the fees, costs and expenses related to the adoption as allowed in
ORS 109.311.

(b) Prohibit a negotiated satisfaction of child support arrearages
or other settlement in favor of a parent of a child in exchange for
consent of the parent to the adoption of the child by the current spouse
of the child’s other parent.

(c) Apply to fees for services charged by the Department of Human
Services or adoption agencies licensed under ORS chapter 418.

(d) Apply to fees for services in an adoption pursuant to a
surrogacy agreement.

(e) Prohibit discussion or settlement of disputed issues between
parties in a domestic relations proceeding.

(3) Buying or selling a person under 18 years of age is a Class B
felony. [1997 c.561 §2] (1) A person having
custody or control of a child under 10 years of age commits the crime of
child neglect in the second degree if, with criminal negligence, the
person leaves the child unattended in or at any place for such period of
time as may be likely to endanger the health or welfare of such child.

(2) Child neglect in the second degree is a Class A misdemeanor.
[1971 c.743 §174; 1991 c.832 §2] (1)(a) A person having
custody or control of a child under 16 years of age commits the crime of
child neglect in the first degree if the person knowingly leaves the
child, or allows the child to stay:

(A) In a vehicle where controlled substances are being criminally
delivered or manufactured;

(B) In or upon premises and in the immediate proximity where
controlled substances are criminally delivered or manufactured for
consideration or profit or where a chemical reaction involving one or
more precursor substances:

(i) Is occurring as part of unlawfully manufacturing a controlled
substance or grinding, soaking or otherwise breaking down a precursor
substance for the unlawful manufacture of a controlled substance; or

(ii) Has occurred as part of unlawfully manufacturing a controlled
substance or grinding, soaking or otherwise breaking down a precursor
substance for the unlawful manufacture of a controlled substance and the
premises have not been certified as fit for use under ORS 453.885; or

(C) In or upon premises that have been determined to be not fit for
use under ORS 453.855 to 453.912.

(b) As used in this subsection, “vehicle” and “premises” do not
include public places, as defined in ORS 161.015.

(2) Child neglect in the first degree is a Class B felony.

(3) Subsection (1) of this section does not apply if the controlled
substance is marijuana and is delivered for no consideration.

(4) The Oregon Criminal Justice Commission shall classify child
neglect in the first degree as crime category 6 of the sentencing
guidelines grid of the commission if the controlled substance being
delivered or manufactured is methamphetamine. [1991 c.832 §1; 2001 c.387
§1; 2001 c.870 §11; 2005 c.708 §2]Note: 163.547 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person commits the crime of
criminal nonsupport if, being the parent, lawful guardian or other person
lawfully charged with the support of a child under 18 years of age, born
in or out of wedlock, the person knowingly fails to provide support for
such child.

(2) It is no defense to a prosecution under this section that
either parent has contracted a subsequent marriage, that issue has been
born of a subsequent marriage, that the defendant is the parent of issue
born of a prior marriage or that the child is being supported by another
person or agency.

(3) It is an affirmative defense to a prosecution under this
section that the defendant has a lawful excuse for failing to provide
child support.

(4) If the defendant intends to rely on the affirmative defense
created in subsection (3) of this section, the defendant must give the
district attorney written notice of the intent to do so at least 30 days
prior to trial. The notice must describe the nature of the lawful excuse
upon which the defendant proposes to rely. If the defendant fails to file
notice as required by this subsection, the defendant may not introduce
evidence of a lawful excuse unless the court finds there was just cause
for the defendant’s failure to file the notice within the required time.

(5) Criminal nonsupport is a Class C felony. [1971 c.743 §175; 1993
c.33 §308; 1999 c.954 §3; 2005 c.502 §1](1)
Proof that a child was born to a woman during the time a man lived and
cohabited with her, or held her out as his wife, is prima facie evidence
that he is the father of the child. This subsection does not exclude any
other legal evidence tending to establish the parental relationship.

(2) No provision of law prohibiting the disclosure of confidential
communications between husband and wife apply to prosecutions for
criminal nonsupport. A husband or wife is a competent and compellable
witness for or against either party. [1971 c.743 §176] (1) A person commits
the crime of endangering the welfare of a minor if the person knowingly:

(a) Induces, causes or permits an unmarried person under 18 years
of age to witness an act of sexual conduct or sadomasochistic abuse as
defined by ORS 167.060; or

(b) Permits a person under 18 years of age to enter or remain in a
place where unlawful activity involving controlled substances is
maintained or conducted; or

(c) Induces, causes or permits a person under 18 years of age to
participate in gambling as defined by ORS 167.117; or

(d) Distributes, sells, or causes to be sold, tobacco in any form
to a person under 18 years of age; or

(e) Sells to a person under 18 years of age any device in which
tobacco, marijuana, cocaine or any controlled substance, as defined in
ORS 475.005, is burned and the principal design and use of which is
directly or indirectly to deliver tobacco smoke, marijuana smoke, cocaine
smoke or smoke from any controlled substance into the human body
including but not limited to:

(A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes,
electric pipes, air driven pipes, corncob pipes, meerschaum pipes and
ceramic pipes, with or without screens, permanent screens, hashish heads
or punctured metal bowls;

(B) Carburetion tubes and devices, including carburetion masks;

(C) Bongs;

(D) Chillums;

(E) Ice pipes or chillers;

(F) Cigarette rolling papers and rolling machines; and

(G) Cocaine free basing kits.

(2) Endangering the welfare of a minor by violation of subsection
(1)(a), (b), (c) or (e) of this section, involving other than a device
for smoking tobacco, is a Class A misdemeanor.

(3) Endangering the welfare of a minor by violation of subsection
(1)(d) of this section or by violation of subsection (1)(e) of this
section, involving a device for smoking tobacco, is a Class A violation
and the court shall impose a fine of not less than $100. [1971 c.743
§177; 1973 c.827 §20; 1979 c.744 §8; 1981 c.838 §1; 1983 c.740 §31; 1991
c.970 §5; 1995 c.79 §52; 1999 c.1051 §153] (1) A person commits the
offense of failing to supervise a child if the person is the parent,
lawful guardian or other person lawfully charged with the care or custody
of a child under 15 years of age and the child:

(a) Commits an act that brings the child within the jurisdiction of
the juvenile court under ORS 419C.005;

(b) Violates a curfew law of a county or any other political
subdivision; or

(c) Fails to attend school as required under ORS 339.010.

(2) Nothing in this section applies to a child-caring agency as
defined in ORS 418.205 or to foster parents.

(3) In a prosecution of a person for failing to supervise a child
under subsection (1)(a) of this section, it is an affirmative defense
that the person:

(a) Is the victim of the act that brings the child within the
jurisdiction of the juvenile court; or

(b) Reported the act to the appropriate authorities.

(4) In a prosecution of a person for failing to supervise a child
under subsection (1) of this section, it is an affirmative defense that
the person took reasonable steps to control the conduct of the child at
the time the person is alleged to have failed to supervise the child.

(5)(a) Except as provided in subsection (6) or (7) of this section,
in a prosecution of a person for failing to supervise a child under
subsection (1)(a) of this section, the court shall order the person to
pay restitution under ORS 137.103 to 137.109 to a victim for economic
damages arising from the act of the child that brings the child within
the jurisdiction of the juvenile court.

(b) The amount of restitution ordered under this subsection may not
exceed $2,500.

(6) If a person pleads guilty or is found guilty of failing to
supervise a child under this section and if the person has not previously
been convicted of failing to supervise a child, the court:

(a) Shall warn the person of the penalty for future convictions of
failing to supervise a child and shall suspend imposition of sentence.

(b) May not order the person to pay restitution under this section.

(7)(a) If a person pleads guilty or is found guilty of failing to
supervise a child under this section and if the person has only one prior
conviction for failing to supervise a child, the court, with the consent
of the person, may suspend imposition of sentence and order the person to
complete a parent effectiveness program approved by the court. Upon the
person’s completion of the parent effectiveness program to the
satisfaction of the court, the court may discharge the person. If the
person fails to complete the parent effectiveness program to the
satisfaction of the court, the court may impose a sentence authorized by
this section.

(b) There may be only one suspension of sentence under this
subsection with respect to a person.

(8) The juvenile court has jurisdiction over a first offense of
failing to supervise a child under this section.

(9) Failing to supervise a child is a Class A violation. [1995
c.593 §1; 1999 c.1051 §154; 2003 c.670 §5; 2005 c.564 §8]Note: 163.577 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1)
Any person who sells any of the smoking devices listed in ORS 163.575
(1)(e) shall display a sign clearly stating that the sale of such devices
to persons under 18 years of age is prohibited by law.

(2) Any person who violates this section commits a Class B
violation. [1981 c.838 §2; 1999 c.1051 §155]Note: 163.580 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN As used in ORS
163.670 to 163.693:

(1) “Child” means a person who is less than 18 years of age, and
any reference to a child in relation to a photograph, motion picture,
videotape or other visual recording of the child is a reference to a
person who was less than 18 years of age at the time the original image
in the photograph, motion picture, videotape or other visual recording
was created and not the age of the person at the time of an alleged
offense relating to the subsequent reproduction, use or possession of the
visual recording.

(2) “Child abuse” means conduct that constitutes, or would
constitute if committed in this state, a crime in which the victim is a
child.

(3) “Sexually explicit conduct” means actual or simulated:

(a) Sexual intercourse or deviant sexual intercourse;

(b) Genital-genital, oral-genital, anal-genital or oral-anal
contact, whether between persons of the same or opposite sex or between
humans and animals;

(c) Penetration of the vagina or rectum by any object other than as
part of a medical diagnosis or treatment or as part of a personal hygiene
practice;

(d) Masturbation;

(e) Sadistic or masochistic abuse; or

(f) Lewd exhibition of sexual or other intimate parts.

(4) “Visual depiction” includes, but is not limited to,
photographs, films, videotapes, pictures or computer or
computer-generated images or pictures, whether made or produced by
electronic, mechanical or other means. [1985 c.557 §2; 1987 c.864 §1;
1991 c.664 §4; 1995 c.768 §4; 1997 c.719 §5] (1) A
person commits the crime of using a child in a display of sexually
explicit conduct if the person employs, authorizes, permits, compels or
induces a child to participate or engage in sexually explicit conduct for
any person to observe or to record in a photograph, motion picture,
videotape or other visual recording.

(2) Using a child in a display of sexually explicit conduct is a
Class A felony. [1985 c.557 §3; 1987 c.864 §3; 1991 c.664 §5] (1) No
employee is liable to prosecution under ORS 163.684 or under any city or
home rule county ordinance for exhibiting or possessing with intent to
exhibit any obscene matter or performance provided the employee is acting
within the scope of regular employment at a showing open to the public.

(2) As used in this section, “employee” means any person regularly
employed by the owner or operator of a motion picture theater if the
person has no financial interest other than salary or wages in the
ownership or operation of the motion picture theater, no financial
interest in or control over the selection of the motion pictures shown in
the theater, and is working within the motion picture theater where the
person is regularly employed, but does not include a manager of the
motion picture theater. [Formerly 163.495; 1995 c.768 §5] The provisions of ORS
163.665 to 163.693 do not apply to:

(1) Any legitimate medical procedure performed by or under the
direction of a person licensed to provide medical services for the
purpose of medical diagnosis or treatment, including the recording of
medical procedures;

(2) Any activity undertaken in the course of bona fide law
enforcement activity or necessary to the proper functioning of the
criminal justice system, except that this exception shall not apply to
any activity prohibited by ORS 163.670;

(3) Any bona fide educational activity, including studies and
lectures, in the fields of medicine, psychotherapy, sociology or
criminology, except that this exception shall not apply to any activity
prohibited by ORS 163.670;

(4) Obtaining, viewing or possessing a photograph, motion picture,
videotape or other visual recording as part of a bona fide treatment
program for sexual offenders; or

(5) A public library, as defined in ORS 357.400, or a library
exempt from taxation under ORS 307.090 or 307.130, except that these
exceptions do not apply to any activity prohibited by ORS 163.670. [1991
c.664 §3] (1) A
person commits the crime of encouraging child sexual abuse in the first
degree if the person:

(a)(A) Knowingly develops, duplicates, publishes, prints,
disseminates, exchanges, displays, finances, attempts to finance or sells
any photograph, motion picture, videotape or other visual recording of
sexually explicit conduct involving a child or possesses such matter with
the intent to develop, duplicate, publish, print, disseminate, exchange,
display or sell it; or

(B) Knowingly brings into this state, or causes to be brought or
sent into this state, for sale or distribution, any photograph, motion
picture, videotape or other visual recording of sexually explicit conduct
involving a child; and

(b) Knows or is aware of and consciously disregards the fact that
creation of the visual recording of sexually explicit conduct involved
child abuse.

(2) Encouraging child sexual abuse in the first degree is a Class B
felony. [1995 c.768 §2] (1) A
person commits the crime of encouraging child sexual abuse in the second
degree if the person:

(a)(A)(i) Knowingly possesses or controls any photograph, motion
picture, videotape or other visual recording of sexually explicit conduct
involving a child for the purpose of arousing or satisfying the sexual
desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain
or view a photograph, motion picture, videotape or other visual recording
of sexually explicit conduct involving a child for the purpose of
arousing or satisfying the sexual desires of the person or another
person; and

(B) Knows or is aware of and consciously disregards the fact that
creation of the visual recording of sexually explicit conduct involved
child abuse; or

(b)(A) Knowingly pays, exchanges or gives anything of value to
observe sexually explicit conduct by a child or knowingly observes, for
the purpose of arousing or gratifying the sexual desire of the person,
sexually explicit conduct by a child; and

(B) Knows or is aware of and consciously disregards the fact that
the conduct constitutes child abuse.

(2) Encouraging child sexual abuse in the second degree is a Class
C felony. [1995 c.768 §3] (1) A
person commits the crime of encouraging child sexual abuse in the third
degree if the person:

(a)(A)(i) Knowingly possesses or controls any photograph, motion
picture, videotape or other visual recording of sexually explicit conduct
involving a child for the purpose of arousing or satisfying the sexual
desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain
or view a photograph, motion picture, videotape or other visual recording
of sexually explicit conduct involving a child for the purpose of
arousing or satisfying the sexual desires of the person or another
person; and

(B) Knows or fails to be aware of a substantial and unjustifiable
risk that the creation of the visual recording of sexually explicit
conduct involved child abuse; or

(b)(A) Knowingly pays, exchanges or gives anything of value to
observe sexually explicit conduct by a child or knowingly observes, for
the purpose of arousing or gratifying the sexual desire of the person,
sexually explicit conduct by a child; and

(B) Knows or fails to be aware of a substantial and unjustifiable
risk that the conduct constitutes child abuse.

(2) Encouraging child sexual abuse in the third degree is a Class A
misdemeanor. [1995 c.768 §3a](1) A person commits the crime of
possession of materials depicting sexually explicit conduct of a child in
the first degree if the person:

(a) Knowingly possesses any visual depiction of sexually explicit
conduct involving a child or any visual depiction of sexually explicit
conduct that appears to involve a child; and

(b) Uses the visual depiction to induce a child to participate or
engage in sexually explicit conduct.

(2) Possession of materials depicting sexually explicit conduct of
a child in the first degree is a Class B felony. [1997 c.719 §3](1) A person commits the crime of
possession of materials depicting sexually explicit conduct of a child in
the second degree if the person:

(a) Knowingly possesses any visual depiction of sexually explicit
conduct involving a child or any visual depiction of sexually explicit
conduct that appears to involve a child; and

(b) Intends to use the visual depiction to induce a child to
participate or engage in sexually explicit conduct.

(2) Possession of materials depicting sexually explicit conduct of
a child in the second degree is a Class C felony. [1997 c.719 §4]
It is an affirmative defense to any prosecution under ORS 163.684,
163.686, 163.687 or 163.693 that the defendant, at the time of engaging
in the conduct prohibited therein, did not know and did not have reason
to know that the relevant sexually explicit conduct involved a child.
[1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §6] (1) A person commits
the crime of failure to report child pornography if the person, in the
course of processing or producing a photograph, motion picture, videotape
or other visual recording, either commercially or privately, has
reasonable cause to believe that the visual recording being processed or
produced, or submitted for processing or production, depicts sexually
explicit conduct involving a child and fails to report that fact to the
appropriate law enforcement agency.

(2) Failure to report child pornography is a Class A misdemeanor.
[1987 c.864 §7; 1991 c.664 §10]INVASION OF PRIVACY (1) Except as provided in ORS
163.702, a person commits the crime of invasion of personal privacy if:

(a)(A) The person knowingly makes or records a photograph, motion
picture, videotape or other visual recording of another person in a state
of nudity without the consent of the person being recorded; and

(B) At the time the visual recording is made or recorded the person
being recorded is in a place and circumstances where the person has a
reasonable expectation of personal privacy; or

(b)(A) For the purpose of arousing or gratifying the sexual desire
of the person, the person is in a location to observe another person in a
state of nudity without the consent of the other person; and

(B) The other person is in a place and circumstances where the
person has a reasonable expectation of personal privacy.

(2) As used in this section:

(a) “Makes or records a photograph, motion picture, videotape or
other visual recording” includes, but is not limited to, making or
recording or employing, authorizing, permitting, compelling or inducing
another person to make or record a photograph, motion picture, videotape
or other visual recording.

(b) “Nudity” means uncovered, or less than opaquely covered,
post-pubescent human genitals, pubic areas or a post-pubescent human
female breast below a point immediately above the top of the areola.
“Nudity” includes a partial state of nudity.

(c) “Places and circumstances where the person has a reasonable
expectation of personal privacy” includes, but is not limited to, a
bathroom, dressing room, locker room that includes an enclosed area for
dressing or showering, tanning booth and any area where a person
undresses in an enclosed space that is not open to public view.

(d) “Public view” means that an area can be readily seen and that a
person within the area can be distinguished by normal unaided vision when
viewed from a public place as defined in ORS 161.015.

(3) Invasion of personal privacy is a Class A misdemeanor. [1997
c.697 §1; 2001 c.330 §1]Note: 163.700 and 163.702 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 163 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.

(1) Any legitimate medical procedure performed by or under the
direction of a person licensed to provide medical service for the purpose
of medical diagnosis, treatment, education or research, including, but
not limited to, the recording of medical procedures; and

(2) Any activity undertaken in the course of bona fide law
enforcement or corrections activity or necessary to the proper
functioning of the criminal justice system, including but not limited to
the operation and management of jails, prisons and other youth and adult
corrections facilities. [1997 c.697 §2]Note: See note under 163.700.MISCELLANEOUSNo district attorney or other law enforcement officer or
investigator involved in the investigation or prosecution of crimes, or
any employee thereof, shall require any complaining witness in a case
involving the use of force, violence, duress, menace or threat of
physical injury in the commission of any sex crime under ORS 163.305 to
163.575, to submit to a polygraph examination as a prerequisite to filing
an accusatory pleading. [1981 c.877 §1] (1)
A motor vehicle used by the owner in a drive-by shooting is subject to
civil in rem forfeiture.

(2) Seizure and forfeiture proceedings under this section shall be
conducted in accordance with ORS chapter 475A.

(3) As used in this section, “drive-by shooting” means discharge of
a firearm from a motor vehicle while committing or attempting to commit:

(a) Aggravated murder under ORS 163.095;

(b) Murder under ORS 163.115;

(c) Manslaughter in any degree under ORS 163.118 or 163.125;

(d) Assault in any degree under ORS 163.160, 163.165, 163.175 or
163.185;

(e) Menacing under ORS 163.190;

(f) Recklessly endangering another person under ORS 163.195;

(g) Assaulting a public safety officer under ORS 163.208; or

(h) Intimidation in any degree under ORS 166.155 or 166.165. [1999
c.870 §1]Note: 163.707 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A
person commits the offense of unlawful directing of light from a laser
pointer if the person knowingly directs light from a laser pointer at
another person without the consent of the other person and the other
person is:

(a) A peace officer as defined in ORS 161.015 who is acting in the
course of official duty; or

(b) A uniformed private security professional as defined in ORS
181.870 who is on duty.

(2) The offense described in this section, unlawful directing of
light from a laser pointer, is a Class A misdemeanor.

(3) As used in this section, “laser pointer” means a device that
emits light amplified by the stimulated emission of radiation that is
visible to the human eye. [1999 c.757 §1; 2005 c.447 §9]Note: 163.709 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 163 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.STALKING As used
in ORS 30.866 and 163.730 to 163.750, unless the context requires
otherwise:

(1) “Alarm” means to cause apprehension or fear resulting from the
perception of danger.

(2) “Coerce” means to restrain, compel or dominate by force or
threat.

(3) “Contact” includes but is not limited to:

(a) Coming into the visual or physical presence of the other person;

(b) Following the other person;

(c) Waiting outside the home, property, place of work or school of
the other person or of a member of that person’s family or household;

(d) Sending or making written or electronic communications in any
form to the other person;

(e) Speaking with the other person by any means;

(f) Communicating with the other person through a third person;

(g) Committing a crime against the other person;

(h) Communicating with a third person who has some relationship to
the other person with the intent of affecting the third person’s
relationship with the other person;

(i) Communicating with business entities with the intent of
affecting some right or interest of the other person;

(j) Damaging the other person’s home, property, place of work or
school; or

(k) Delivering directly or through a third person any object to the
home, property, place of work or school of the other person.

(4) “Household member” means any person residing in the same
residence as the victim.

(5) “Immediate family” means father, mother, child, sibling,
parent, spouse, grandparent, stepparent and stepchild.

(6) “Law enforcement officer” means any person employed in this
state as a police officer by a county sheriff, constable, marshal or
municipal or state police agency.

(7) “Repeated” means two or more times.

(8) “School” means a public or private institution of learning or a
child care facility. [1993 c.626 §1; 1995 c.278 §27; 1995 c.353 §1; 2001
c.870 §1]Note: 163.730 to 163.753 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 163 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) A person commits the crime of stalking if:

(a) The person knowingly alarms or coerces another person or a
member of that person’s immediate family or household by engaging in
repeated and unwanted contact with the other person;

(b) It is objectively reasonable for a person in the victim’s
situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal safety of the victim or a member of
the victim’s immediate family or household.

(2)(a) Stalking is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, stalking is a
Class C felony if the person has a prior conviction for:

(A) Stalking; or

(B) Violating a court’s stalking protective order.

(c) When stalking is a Class C felony pursuant to paragraph (b) of
this subsection, stalking shall be classified as a person felony and as
crime category 8 of the sentencing guidelines grid of the Oregon Criminal
Justice Commission. [1993 c.626 §2; 1995 c.353 §2]Note: See note under 163.730. (1) Upon a complaint initiated as provided
in ORS 163.744, a law enforcement officer shall issue a citation ordering
the person to appear in court within three judicial days and show cause
why the court should not enter a court’s stalking protective order when
the officer has probable cause to believe that:

(a) The person intentionally, knowingly or recklessly engages in
repeated and unwanted contact with the other person or a member of that
person’s immediate family or household thereby alarming or coercing the
other person;

(b) It is objectively reasonable for a person in the victim’s
situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal safety of the victim or a member of
the victim’s immediate family or household.

(2) The Department of State Police shall develop and distribute a
form for the citation. The form shall be uniform throughout the state and
shall contain substantially the following in addition to any other
material added by the department:

___________________________________________________________________________
___OFFICER:___________________

AGENCY:___________________

PETITIONER:__________________

PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:______________

RESPONDENT:_________________

On behalf of petitioner, I affirm that I am a law enforcement
officer in the State of Oregon.

You, the respondent, must appear at _______________ (name and
location of court at which respondent is to appear) on ________ (date and
time respondent is to appear in court). At this hearing, you must be
prepared to establish why the court should not enter a court’s stalking
protective order which shall be for an unlimited duration unless limited
by law or court order. If you fail to appear at this hearing, the court
shall immediately issue a warrant for your arrest and shall enter a
court’s stalking protective order.

If the court issues a stalking protective order at this hearing,
and while the protective order is in effect, federal law may prohibit you
from:

Traveling across state lines or tribal land lines with the intent
to violate this order and then violating this order.

Causing the person protected by the order, if the person is your
spouse or intimate partner, to cross state lines or tribal land lines for
your purpose of violating the order.

Possessing, receiving, shipping or transporting any firearm or
firearm ammunition.

Whether or not a stalking protective order is in effect, federal
law may prohibit you from:

Traveling across state lines or tribal land lines with the intent
to injure or harass another person and during, or because of, that travel
placing that person in reasonable fear of death or serious bodily injury
to that person or to a member of that person’s immediate family.

Traveling across state lines or tribal land lines with the intent
to injure your spouse or intimate partner and then intentionally
committing a crime of violence causing bodily injury to that person.

Causing your spouse or intimate partner to travel across state
lines or tribal land lines if your intent is to cause bodily injury to
that person or if the travel results in your causing bodily injury to
that person.

It has been alleged that you have alarmed or coerced the
petitioner, or person to be protected if other than the petitioner. If
you engage in contact that alarms or coerces the petitioner, or person to
be protected if other than the petitioner, in violation of ORS 163.732,
you may be arrested for the crime of stalking.Date: ________Time: ________

Signed:     ________

                   (Respondent)

Signed:     ________

                   (Law enforcement officer).

___________________________________________________________________________
___[1993 c.626 §3; 1995 c.353 §3; 1999 c.1052 §10]Note: See note under 163.730.(1)(a) A citation shall notify the
respondent of a circuit court hearing where the respondent shall appear
at the place and time set forth in the citation. The citation shall
contain:

(A) The name of the court at which the respondent is to appear;

(B) The name of the respondent;

(C) A copy of the stalking complaint;

(D) The date, time and place at which the citation was issued;

(E) The name of the law enforcement officer who issued the citation;

(F) The time, date and place at which the respondent is to appear
in court;

(G) Notice to the respondent that failure to appear at the time,
date and place set forth in the citation shall result in the respondent’s
arrest and entry of a court’s stalking protective order; and

(H) Notice to the respondent of potential liability under federal
law for the possession or purchase of firearms or firearm ammunition and
for other acts prohibited by 18 U.S.C. 2261 to 2262.

(b) The officer shall notify the petitioner in writing of the place
and time set for the hearing.

(2)(a) The hearing shall be held as indicated in the citation. At
the hearing, the petitioner may appear in person or by telephonic
appearance. The respondent shall be given the opportunity to show cause
why a court’s stalking protective order should not be entered. The
hearing may be continued for up to 30 days. The court may enter:

(A) A temporary stalking protective order pending further
proceedings; or

(B) A court’s stalking protective order if the court finds by a
preponderance of the evidence that:

(i) The person intentionally, knowingly or recklessly engages in
repeated and unwanted contact with the other person or a member of that
person’s immediate family or household thereby alarming or coercing the
other person;

(ii) It is objectively reasonable for a person in the victim’s
situation to have been alarmed or coerced by the contact; and

(iii) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the victim or a
member of the victim’s immediate family or household.

(b) In the order, the court shall specify the conduct from which
the respondent is to refrain, which may include all contact listed in ORS
163.730 and any attempt to make contact listed in ORS 163.730. The order
is of unlimited duration unless limited by law. If the respondent was
provided notice and an opportunity to be heard, the court shall also
include in the order, when appropriate, terms and findings sufficient
under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability
to possess firearms and ammunition or engage in activities involving
firearms.

(3) The circuit court may enter an order under this section against
a minor respondent without appointment of a guardian ad litem.

(4) If the respondent fails to appear at the time, date and place
specified in the citation, the circuit court shall issue a warrant of
arrest as provided in ORS 133.110 in order to ensure the appearance of
the respondent at court and shall enter a court’s stalking protective
order.

(5) The circuit court may also order the respondent to undergo
mental health evaluation and, if indicated by the evaluation, treatment.
If the respondent is without sufficient resources to obtain the
evaluation or treatment, or both, the court shall refer the respondent to
the mental health agency designated by the community mental health
director for evaluation or treatment, or both.

(6) If the circuit court, the mental health evaluator or any other
persons have probable cause to believe that the respondent is dangerous
to self or others or is unable to provide for basic personal needs, the
court shall initiate commitment procedures as provided in ORS 426.070 or
426.180.

(7) A law enforcement officer shall report the results of any
investigation arising from a complaint under ORS 163.744 to the district
attorney within three days after presentation of the complaint.

(8) Except for purposes of impeachment, a statement made by the
respondent at a hearing under this section may not be used as evidence in
a prosecution for stalking as defined in ORS 163.732 or for violating a
court’s stalking protective order as defined in ORS 163.750. [1993 c.626
§4; 1995 c.353 §4; 1997 c.863 §6; 1999 c.1052 §2; 2003 c.292 §2]Note: See note under 163.730.(1) Whenever a stalking protective order, as authorized by ORS
163.735 or 163.738, is issued and the person to be restrained has actual
notice thereof, the person serving the order shall deliver forthwith to
the county sheriff a true copy of the order and an affidavit of proof of
service on which it is stated that personal service of the order was made
on the respondent. If an order entered by the court recites that the
respondent appeared in person before the court, the necessity for further
service of the order is waived and accompanying proof of service is not
necessary. Upon receipt of proof of service, when required, and a true
copy of the order, the county sheriff shall forthwith enter the order
into the Law Enforcement Data System maintained by the Department of
State Police and into the databases of the National Crime Information
Center of the United States Department of Justice. The sheriff shall also
provide the complainant with a true copy of the proof of service. Entry
into the Law Enforcement Data System constitutes notice to all law
enforcement agencies of the existence of such order. Law enforcement
agencies shall establish procedures adequate to ensure that an officer at
the scene of an alleged violation of such order may be informed of the
existence and terms of such order. Such order shall be fully enforceable
in any county in the state. The complainant may elect to deliver
documents personally to a county sheriff or to have them delivered by a
private person for entry into the Law Enforcement Data System and the
databases of the National Crime Information Center of the United States
Department of Justice.

(2) When a stalking protective order has been entered into the Law
Enforcement Data System and the databases of the National Crime
Information Center of the United States Department of Justice under
subsection (1) of this section, a county sheriff shall cooperate with a
request from a law enforcement agency from any other jurisdiction to
verify the existence of the stalking protective order or to transmit a
copy of the order to the requesting jurisdiction.

(3) When a stalking protective order described in subsection (1) of
this section is terminated by order of the court, the clerk of the court
shall deliver forthwith a true copy of the termination order to the
county sheriff with whom the original order was filed. Upon receipt of
the termination order, the county sheriff shall promptly remove the
original order from the Law Enforcement Data System and the databases of
the National Crime Information Center of the United States Department of
Justice. [1993 c.626 §5; 1999 c.1052 §3]Note: See note under 163.730.
(1) A person may initiate an action seeking a citation under ORS 163.735
by presenting a complaint to a law enforcement officer or to any law
enforcement agency. The complaint shall be a statement setting forth with
particularity the conduct that is the basis for the complaint. The
petitioner must affirm the truth of the facts in the complaint.

(2) The Department of State Police shall develop and distribute the
form of the complaint. The form shall include the standards for reviewing
the complaint and for action. The form shall be uniform throughout the
state and shall include substantially the following material:

___________________________________________________________________________
___STALKING COMPLAINTName of petitioner (person presenting complaint): _____________________

Name of person being stalked if other than the petitioner:
__________________

___________________________

Name of respondent (alleged stalker):

___________________________

Description of respondent:

___________________________

___________________________

___________________________

Length of period of conduct:

___________________________

___________________________

Description of relationship (if any) between petitioner or person being
stalked, if other than the petitioner, and respondent:

___________________________

___________________________

Description of contact:

___________________________

___________________________

___________________________

___________________________

___________________________

Subscribed to and affirmed by:

___________________________

(signature of petitioner)

(printed name of petitioner)

___________________________

Dated: ____________

___________________________________________________________________________
___

(3) A parent may present a complaint to protect a minor child. A
guardian may present a complaint to protect a dependent person.

(4) By signing the complaint, a person is making a sworn statement
for purposes of ORS 162.055 to 162.425. [1993 c.626 §6; 1995 c.353 §5]Note: See note under 163.730. (1) A person
commits the crime of violating a court’s stalking protective order when:

(a) The person has been served with a court’s stalking protective
order as provided in ORS 30.866 or 163.738 or if further service was
waived under ORS 163.741 because the person appeared before the court;

(b) The person, subsequent to the service of the order, has engaged
intentionally, knowingly or recklessly in conduct prohibited by the
order; and

(c) If the conduct is prohibited contact as defined in ORS 163.730
(3)(d), (e), (f), (h) or (i), the subsequent conduct has created
reasonable apprehension regarding the personal safety of a person
protected by the order.

(2)(a) Violating a court’s stalking protective order is a Class A
misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, violating a
court’s stalking protective order is a Class C felony if the person has a
prior conviction for:

(A) Stalking; or

(B) Violating a court’s stalking protective order.

(c) When violating a court’s stalking protective order is a Class C
felony pursuant to paragraph (b) of this subsection, violating a court’s
stalking protective order shall be classified as a person felony and as
crime category 8 of the sentencing guidelines grid of the Oregon Criminal
Justice Commission. [1993 c.626 §8; 1995 c.353 §7]Note: See note under 163.730. A law enforcement
officer acting in good faith shall not be liable in any civil action for
issuing or not issuing a citation under ORS 163.735. [1993 c.626 §11;
1995 c.353 §9]Note: See note under 163.730.(1) Nothing in ORS 30.866 or 163.730 to 163.750 shall be
construed to permit the issuance of a court’s stalking protective order
under ORS 30.866 or 163.738, the issuance of a citation under ORS
163.735, a criminal prosecution under ORS 163.732 or a civil action under
ORS 30.866:

(a) For conduct that is authorized or protected by the labor laws
of this state or of the United States.

(b) By or on behalf of a person who is in the legal or physical
custody of a law enforcement unit or is in custody under ORS chapter 419C.

(c) By or on behalf of a person not described in paragraph (b) of
this subsection to or against another person who:

(A) Is a parole and probation officer or an officer, employee or
agent of a law enforcement unit, a county juvenile department or the
Oregon Youth Authority; and

(B) Is acting within the scope of the other person’s official
duties.

(2) As used in this section, “law enforcement unit” and “parole and
probation officer” have the meanings given those terms in ORS 181.610.
[1995 c.353 §8; 2003 c.292 §1]

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